The Criminal Trial

Chapter 12

In order to stand trial, a criminal defendant must be considered

mentally competent to understand the nature and extent of the legal

proceedings.

If defendants are considered mentally incompetent, their trials must

be postponed until treatment renders them capable of participating in

their own defense.

The Right to be Competent at Trial

Provides for a control over hearsay evidence and allows the veracity

of witnesses to be challenged

Helps the accused in preparation of a defense to know who will

present testimony for the state

Does not necessarily mean a face-to-face confrontation

Legal Rights During Trial: The Right to Confront Witnesses

This right is guaranteed for all serious crime - not all crime

Constitution does not require a 12 person jury, smaller juries may be

permitted

The Sixth and Fourteenth Amendments do not mandate a

unanimous verdict in all cases

Legal Rights During Trial: Right to a Jury Trial

“The person who represents himself has a fool for a client”

Requires a competent, knowing, intelligent and voluntary waiver of

counsel

Requires the defendant to understand the charges

Legal Rights During Trial: Self Representation(Pro Se Proceedings)

Improve the credibility of the trial

Reduce defendant anxiety

Avoid pretrial publicity

Avoid adverse effects on the ability to present a defense

Legal Rights During Trial: Right to a Speedy Trial

Constitution does not specify a time limit

Most states have adopted statutes which

define reasonable limits

Federal Speedy Trial Act of 1974

Provides time limits for various stages of the adjudication process

Provision for fining defense counsels causing delays

Time Limits for Speedy Trials

At issue are competing constitutional and social interests

The public’s right to know

The defendant’s right to a fair process

Fair Trial vs. Free Press

Trial before an impartial judge and jury

In an environment of judicial restraint and orderliness

With fair decision making

What is “Fundamental Fairness”?

Hostile courtroom crowd

Improper pressure on witnesses

Prejudicial behavior toward defendant

Defendant wearing prison clothing

Adverse pretrial publicity

What isn’t Fair?

Televisions are permitted in many states at the judge’s discretion

Televisions, still cameras and video recorders are not permitted in

federal courtrooms

The legal community is divided over the advantages and

disadvantages of televising criminal trials.

Televisions in the Courtroom

State and federal laws control when a jury trial is available

State and federal laws control what kind of a jury trial is available

State and federal laws control what rules govern jury trials

How Are Jury Trials Controlled?

A process for selecting jurors who are unbiased and objective

A pool of prospective jurors (the venire) is called to jury duty

Through a process of random selection, prospective jurors are

called for a case (the jury panel)

Panel members are selected randomly to be questioned by the

court, prosecution and defense

Jurors and alternates are selected to try a case

Successfully challenged jurors (dismissed from a case) are returned

to the pool to finish their jury term

The Voir Dire

To determine if someone is unfit to serve

Prosecution & defense want someone who is sympathetic to their

side of the case

Judge and both sides ask questions

Number of these challenges is unlimited

Challenge for Cause

Enable attorneys to excuse jurors for no particular reason or for

undisclosed reasons

Number of challenges are limited

Can’t be used to eliminate jurors on the basis of race, ethnicity or

gender

Peremptory Challenges

Job is to try the facts

Size determined by law - normally 12

Decision normally by unanimous vote

Proof beyond a reasonable doubt needed

Jury Trials

Jury trials are longer and slow down the process

Longer sentences are normally associated with jury trials rather than

bench trials

Men are normally more dominant in jury deliberation

What Do We Know About Juries?

1/3 of all cases only require one vote

If a decision needs more than one vote, the decision of the majority

of the first vote will likely end up being the decision on the last vote in

most cases

What’s Known About Jury Voting?

Testimonial evidence from witnesses

Real or physical evidence

Circumstantial or indirect evidence

Criminal Evidence

Judge’s responsibility

Provides jury with information about the law

Elements of the crime

Evidence required for proof

Burden of proof required

Improper instructions are often the basis for an appeal

Instructions to the Jury

Guilty

Judge will normally set a date for sentencing and ask for a

presentence investigation report

Not guilty

Defendant is free to leave

Hung jury

Case may be retried

The Verdict

Normally after review of a pre-sentence investigation report in felony

cases

Rules applying to discretionary decisions by judges regarding the

kind and severity of sentence vary among jurisdictions

One of the most important and visible decisions by the judge

Sentencing

Right to appeal is determined by law

An appeal waives the right against double jeopardy

Based upon some contended legal error

“Plain error” vs. “harmless error” concept

Court transcript serves as the basis for appellate review

Right to Appeal

The judiciary needs more minority and female members

Use of DNA evidence needs to become commonplace in this century

New communication technologies need to be utilized to improve the

effectiveness of the trial

Jury selection procedures and jury service during the conduct of a

trial need to be improved

Judge’s need to summarize the law and facts of a case before it

goes to a jury must be examined

Trial Reform